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Madras High CourtWP/458/2015dismissed

Renuka Devi v. The Government Of Tamilnadu

2019-03-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No. 458 of 2015 and MP. NoS. 1 & 2 of 2015 Renuka Devi

...Petitioner

-Vs1. The Government of Tamil Nadu Rep. by its Principal Secretary, Home Department, Fort. St. George, Chennai-600 009.

2. The Director General of Police, Head of the Police Department, Mylapore, Chennai-600 004.

3. The Commissioner of Police, Chennai City, Vepery, Chennai -600 007.

4. The Deputy Commissioner of Police, Madhavaram Police District, Madhavaram, Chennai-600 060.

5. The Assistant Commissioner of Police, Madhavaram Police Division, Madhavaram, Chennai-600 060.

6. Sundaram Inspector of Police, M2- Madhavaram Milk Colony Police Station, Chennai - 600 051.

7. Ravi Police Constable Special Team, M2- Madhavaram Milk Colony Police Station, Chennai - 600 051.

8. Muthu Kumar Police Constable Special Team, M2- Madhavaram Milk Colony Police Station, Chennai - 600 051.

9. Nandhagopal, Writer, M2- Madhavaram Milk Colony Police Station, Chennai - 600 051.

10. Anandhan Police Constable M2- Madhavaram Milk Colony Police Station, Chennai - 600 051.

11. Dalhouse, Driver-cum- Police Constable, M2- Madhavaram Milk Colony Police Station, Chennai - 600 051.

12. The Superintendent Central Prison, Puzhal, Chennai- 600 062.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing respondents 1 to 5 to take appropriate action against the respondents 6 to 11 for their custodial torture and injuries caused on the petitioner's husband namely Muthu, S/o. Jayaraman, consequently directing the respondents 1 to 3 to transfer the investigation in Crime Nos. 2448 of 2014 and 2465 of 2014 on the file of the 6th respondent to some other investigating agency and pay compensation to victim as law laid down by this Court as well as Hon'ble Supreme Court of India to protect rights guaranteed under Article 21 of the Constitution of India. For Petitioner : M/s. K. Balu For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor For R1 to R5 & R12 Mr. Jenasenan - Fr. R6 & R7

ORDER

The writ petition has been filed to direct the respondents 1 to 5 to take appropriate action against the respondents 6 to 11 for their custodial torture and injuries caused on the

petitioner's husband namely Muthu, S/o. Jayaraman, consequently directing the respondents 1 to 3 to transfer the investigation in Crime Nos. 2448 of 2014 and 2465 of 2014 on the file of the 6th respondent to some other investigating agency 2.It is seen that the petitioner's husband, Muthu, was arrested by the respondents/ Police in connection with Crime Nos. 2448 of 2014 and 2465 of 2014 of the file of the Inspector of Police, M-2 Madhavaram Milk Colony Police Station. The petitionr has sought for transfer of investigation of the said crime numbers to a different agency and for compensation. Now, almost five years have been lapsed and hence, due to the lapse of period, the prayer sought for by the petitioner cannot be granted now. The Writ Petition is devoid of merits. 3.

In view of the above, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar ak To

1. The Government of Tamil Nadu Rep. by its Principal Secretary, Home Department, Fort. St. George, Chennai-600 009.

2. The Director General of Police, Head of the Police Department, Mylapore, Chennai-600 004.

3. The Commissioner of Police, Chennai City, Vepery, Chennai -600 007.

4. The Deputy Commissioner of Police, Madhavaram Police District, Madhavaram, Chennai-600 060.

5. The Assistant Commissioner of Police, Madhavaram Police Division, Madhavaram, Chennai-600 060.

6. The Superintendent Central Prison, Puzhal, Chennai- 600 062.

7. The Public Prosecutor, High Court, Madras.

W.P.No.458 of 2015 and MP. Nos. 1 & 2 of 2015 AP(CO) GN(30/04/2019)